No. 24-341

Juan Carlos Emden, et al. v. The Museum of Fine Arts, Houston

Lower Court: Fifth Circuit
Docketed: 2024-09-26
Status: Denied
Type: Paid
Response Waived
Tags: act-of-state-doctrine federal-civil-procedure foreign-sovereign-immunity judicial-inference nazi-art-restitution rule-12(b)(6)
Latest Conference: 2024-11-01
Question Presented (from Petition)

1. Whether the Fifth Circuit's application of the act of state doctrine conflicts with well-established precedent that adjudicating the effects of a foreign sovereign's acts is not a determination of the validity of the acts, but rather is a determination of whether the act occurred at all.

2. Whether the Fifth Circuit's improper inferences impermissibly expands the scope of the Rule 12(b)(6) standards to dismiss and deprives Petitioners of the one forum available in the United States to recover stolen war art taken from Petitioner's forebears by the Nazi regime and now located in the United States.

Question Presented (AI Summary)

Whether the Fifth Circuit's application of the act of state doctrine conflicts with precedent regarding adjudication of foreign sovereign acts and whether the court's improper inferences impermissibly expand Rule 12(b)(6) standards

Docket Entries

2024-11-04
Petition DENIED.
2024-10-16
DISTRIBUTED for Conference of 11/1/2024.
2024-10-15
Waiver of right of respondent The Museum of Fine Arts, Houston to respond filed.
2024-09-23
Petition for a writ of certiorari filed. (Response due October 28, 2024)

Attorneys

Juan Carlos Emden, et al.
Matthew Edward FursePlatt Richmond PLLC, Petitioner
The Museum of Fine Arts, Houston
Thaddeus John StauberNixon Peabody LLP, Respondent